Sending of applications and notices: electronic signatures and related certificates21

1

The requirement in this Order that any application or notice should be in writing is satisfied where (apart from the usual meaning of that expression) the text of it —

a

is transmitted by electronic means;

b

is received in legible form; and

c

is capable of being used for future reference.

2

The requirement in this Order for an application or notice to be signed is satisfied (as an alternative to a signature given by hand) where there is—

a

an electronic signature incorporated into or logically associated with a particular electronic communication, and

b

the certification by any person of such a signature.

3

For the purposes of this Order an electronic signature is so much of anything in electronic form as —

a

is incorporated into or otherwise logically associated with any electronic communication or both; and

b

purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication, the integrity of the communication or both.

4

For the purposes of this Order an electronic signature incorporated into or associated with a particular electronic communication is certified by any person if that person (whether before or after the making of the communication) has made a statement confirming that—

a

the signature,

b

a means of producing, communicating or verifying the signature, or

c

a procedure applied to the signature,

is (either alone or in combination with other factors) a valid means of establishing the authenticity of the communication, the integrity of the communication or both.